West Virginia Democrat. [volume] (Charles Town, W. Va.) 1885-1890, 1887-03-18

cial subjects they are called TO ACT
on. They have not plenary powers
any more than the people when call
ed together to legislate on Consti-
tutional Amendment Or particular
law.
Why should Mr.. Lucas commits
sion be vacated at the happening OF
either of the events, the Legislative
meeting of the people or the recalled
session of last winters Legislature
or at one more thanthe other, Meth
er in its very organization was au-
| thorized to act on the matter-Each
only had limited a little Legislative
power hreathed in to it by the Gov
ernor OF the State under the will-the
Constitution of the State and from
each, such q matter is excluded.
Neither is full Legislature, both
denied the right TO act on the prem
Uses. If the commission were to ex-
pire or be cut short or Lucas remoy-
ed from office at either of the
subsequent events, either body is de-
! MED the right to fill it and it only
could be reflled by the appointment
of the Governor till the mex. plenary
meeting of the State Legislature.
! There is no due comfy or good sense
in vacating the seat before the State
can fill it. To presume that the
U. S. Constitution against the will
of State intended to invest with a
power cerain men assembled for a
limited and specified purpose and
whom the State has shorn of the
power in a most explicit manner,
when the office is already filled till
the next plenary meeting of the Leg
islature and that next meeting is
explicitly provided for by the State
Constitution, seems to me to presume
an unnecessary, if not tyrannicl
power and force in the Federal Con-
stitution defeating the States in the
vital question of free representation,
at which the fathers of the republic
would have stood aghast. / can't
sec how any clear and candid mind
can embrace such conclusion.
All law, Constitutions, Statutes,
and legal documents are subject TO
the same just, univirsal and sensible
rules Reconstruction that the wisdom
of the world for ages has sanction
ed,-they are well known and it is
useless to cite them here.
\ case Of this kind | have heard
of, but not having seen it [ cannot
vOurh for it. The Legislature OF q
State failed to fill vacancy in the
United States Senate before its term
of session expired and the Governor
of the State filled the vacancy by
appointment as in our instance; the
Governor for some purpose found it
necessary to recall the Legislature
and this called session failed to
elect, and the question arose wheth-
er or not the term of the appointee
ended at this called meeting and
the Senate decided that the APP
pointee held over till the regular and
stated meeting of the State Legisla-
ture. AS i said before / have not
seen this case and i will make no
comments on it; it scarcely needs
any. There are familiar cases in
Virginia, and this State, which l
will allude to. In pursuance of the
Article Of the United States Const;
tuition which secures to a prisoner
for crime q speedy trial by jury and
the statutes of both States provide
in different acts, LIST. If such pris
oner without fault of his own be
not indicted for the offense before
the end of the second term of the
court after his committal he shall
be discharged from the offense. md.
If prisoner be not tried before the
end of the third term after being in
dicted without fault of his own he
shall likewise be discharged. Now,
it is well settled in both States, that
the terms of court alluded to by these
States are the regular and stated
terms or meetings of the court, are
the only ones referred to, and that q
dozen special terms intervening
without especial power to try the
case will not entitle the prisoner to
discharge. And this too in crimi-
nal cases, when all doubts and pre-
sumptions are, by the rule of Con-
struction, in the favor of the crimi-
nal. Why not then, here, will not
the United States Senate decide
with great confidence of being right
that a special meeting of a
State Legislature with restricted
power is not the one contem-
plated in the Constitution of
the L. S bearing on the question.
Can it decide the question otherwise
than in the negative?
1t seems to me therefore the vacan-
cy in the seat of Mr.. Camden having
occurred in the recess of the Legis-
lature and Governor Wilson having
appointed ID. b. Lucas to fill it, he
must hold his seat till the 2nd We'd
nesday in January, 1889 at least.
Why should the L. S. Senate be en-
pected to do an unnecessary violence
to the expressed will of the State or
her constitution.
A. p. WHITE